- 1 - HC-KAR NC: 2025:KHC:30776-DB COMAP No. 225 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 225 OF 2025 BETWEEN: 1. SRI DHANUNJAYA REDDY KAMIREDDY, S/O NARASIMHA REDDY KAMIREDDY, AGED ABOUT 60 YEARS. 2. ARUNA KUMARI KAMIREDDY, W/O SRI. DHANUNJAYA REDDY KAMIREDDY, AGED ABOUT 56 YEARS. BOTH ARE R/AT: 501 PEGASUS A, MEENAKSHI SKY LOUNGE, HITEX ROAD, KONDAPUR, HYDERABAD-500 084. MOB: 9849912111. AND ALSO AT K. DHANUNJAYA REDDY, FIRST FLOOR, 410 12TH MAIN ROAD, RMV EXTENSION, SADASHIVANAGAR, BENGALURU-560 080. MOB:9849912111. …APPELLANTS (BY SRI M.R RAJAGOPAL, SENIOR COUNSEL ALONG WITH SRI PAMPAPATHI K, ADVOCATE) Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30776-DB COMAP No. 225 of 2025 AND: 1. M/S. JUPITER VENTURES LLP, REP. BY ITS DESIGNATED PARTNERS, DR. UPENDRA KUMAR KANDLURI, S/O NAGANNA KANDLURI. AND DR.JOTHI NEERAJA SATYANANDA, W/O. UPENDRA KUMAR KANDLURI, HAVING ITS OFFICE AT NO.166-A, SHOBHA MALACHITE, JAKKUR PLANTATION ROAD, YELAHANKHA, BENGALURU-560 064. 2. THE REGISTRAR OF COMPANIES, REP. BY ITS REGISTRAR, E-WING, 2ND FLOOR, KENDRIYA SADANA, KORMANGALA, BENGALURU-560 034. …RESPONDENTS (BY SRI MANU PRABHAKAR KULKARNI, ADVOCATE FOR R-1) THIS COMAP/COMMERCIAL APPEAL UNDER SECTION 13 (I-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 20.03.2025 PASSED BY THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT, BANGALORE [CCH- 85] AT BENGALURU IN COMMERCIAL OS NO.1146/24 AND CONSEQUENTLY ALLOW IA 1 FILED IN COMMERCIAL OS NO.1146/24 BY DISPENSING STATUARY NOTICE TO RESPONDENT 2. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI - 3 - HC-KAR NC: 2025:KHC:30776-DB COMAP No. 225 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. The appellants have filed the present appeal under Section 13 (1A) of the Commercial Courts Act, 2015, impugning an order dated 20.03.2025 [impugned order] passed by the learned Commercial Court in COM.O.S.No.1146/2024. 2. The appellants had filed the aforementioned commercial dispute, inter alia, seeking that they be included as Partners of respondent No.1, LLP. The appellants have also impleaded the Registrar of Companies [ROC] as defendant No.2. Since the defendant No.2 is a part of the State, the appellants had also filed an application seeking dispensation from issuance of notice under Section 80 of the Code of Civil Procedure, 1908[CPC]. However, the learned commercial court did not accede to the said request. The learned commercial court dismissed the appellants' application and rejected the plaint. The learned commercial court accepted the contentions that a suit could not be instituted without prior notice under Section 80 of the CPC. - 4 - HC-KAR NC: 2025:KHC:30776-DB COMAP No. 225 of 2025 3. It is material to note that the appellants had also filed an application under Order I Rule 10 (2) CPC seeking to delete the ROC as defendant No.2 and also sought deletion of the averments made in the plaint pertaining to the relief sought against the ROC. The impugned order does not indicate that the said application was considered. Though the said application under Order I Rule 10 (2) are not readily available in our record, however, the learned counsel appearing for the respondents fairly states that such an application seeking deletion of the ROC from the array of defendants and the amendment to the plaint had been filed. Undisputedly, if the said applications were allowed, the plaint could not have been rejected on the ground that notice under Section 80 of CPC had not been issued. 4. In view of the above, we are unable to sustain the impugned order and the same is set aside. We also consider apposite to direct that the application filed by the appellants for deletion of the ROC be allowed as there is - 5 - HC-KAR NC: 2025:KHC:30776-DB COMAP No. 225 of 2025 no possible objections to the same and no prejudice is caused to respondent No.1. 5. In the aforesaid view, the suit filed by the appellants is restored before the Commercial Court. 6. The appellants shall place an amended memo of parties on the record. 7. The parties shall appear before the learned Commercial Court on 22nd August 2025 for further proceedings. 8. The appeal is allowed in the aforesaid terms. 9. All the pending IAs, also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 33